IN THE CASE OF:	   

		BOARD DATE:	         2 April 2009

		DOCKET NUMBER:  AR20080016895 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He also requests that he be reissued all medals he was previously awarded.  

2.  The applicant states, in effect, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded after his release from active duty.  He also states that the awards he was previously issued were lost in a fire.

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 26 September 1969 and trained as a Light Weapons Infantryman.  He served in the Republic of Vietnam from 
23 March 1970 to 22 March 1971 and was released from active duty on 
22 December 1971.  

3.  Block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from Active Duty) shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device 1960, 2 Overseas Service Bars, the Combat Infantryman Badge, the Army Commendation Medal, and the Purple Heart as authorized awards.

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Order Number 52, dated 1971.

5.  Review of the applicant's records indicate entitlement to additional awards that are not shown on his DD Form 214.

6.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in three campaigns:  the Vietnam Winter-Spring 1970, the Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star is authorized in lieu of five bronze service stars.

7.  Headquarters, US Army Training Center (USATC), Infantry, Special Orders Number 318, dated 14 November 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

8.  Headquarters, 3rd AIT Brigade (Infantry), USATC, Special Orders Number 13, dated 21 January 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation has been carefully reviewed and found to have merit.

2.  Department of the Army General Order Number 52, dated 1971, awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this unit award.

3.  Records show the applicant was awarded the Vietnam Service Medal with one bronze service star.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two additional bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

4.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14).  Therefore, he is entitled to have his records corrected show this award.

5.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).  Therefore, he is entitled to have his records corrected show this award.

6.  The applicant also requests replacement of all medals awarded.  However, the ABCMR does not issue medals.  The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or a Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov.

BOARD VOTE:

___X____  __X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Republic of Vietnam Gallantry     Cross with Palm Unit Citation, two additional bronze service stars to his     already-awarded Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14 and Rifle M-16).




      ______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016895



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ABCMR Record of Proceedings (cont)                                         AR20080016895



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